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Importance of Intellectual Property Rights in Indian Situation

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 ISSN 2231-1629

Call for Papers....

Knowledge Resonance - A half yearly national research jounal is published by Reserch Publication
Commitee, Dr. M.K. Umathe Arts, Science and R. Mokhare Commerce College, Nagpur. The Research
Journal has been registered and assigned ISSN 2231-1629 by the National Institute of Science,
Communication and Information Resources (NISCAIR), New Delhi.
The Goal of this journal is to build reseach based qualitative skills among faculty members and make
them available a platform to communicate and share their valuable insights in their chosen filed of
study.
Guidelines for Papers :
1. Manuscripts sent for publication in this journal should not have been published or sent for
publication elsewhere.
2. Research papers should be in Marathi, Hindi or English language.
3. The research paper should be restricted to minimum 1000 or maximum 3000 words
4. A4 size paper should be used for printing / typing
5. Printed matter in Marathi, Hindi or English Should be sent / submitted as per the package and
font shown below.
i. Package : MS - Word 2003 Or Pagemaker 6.5
ii. Font : English Arial, Size 12 and Marathi - Krutidev 010, Size 16
6. Research paper should be sent / submitted in hard and soft copy
7. Research paper may be sent by Email on knowledgeresonancengp@gmail.com
8. All research papers submitted will be subjected to peer review. The decision of the editorial
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9. Research papers be sent on the following address.
The Research Journal Publication Committee
Dr. M.K. Umathe College ( Arts, Science & R. Mokhare Commerece College)
Bhamti, Ring Road, Nagpur - 440 022

A Half Yearly National Peer Reviewed Research Journal :: 175 ::

Vol 9 No.1 Jan- June 2020

Dr. M. K. Umathe College

(Arts, Science & Ramchandra Mokhare College) Nagpur-440022

PLAGIARISM ALERT !
Contributors are advised to adhere to strict academic ethics with respect to
acknowledgment of original ideas from others. The editors will not be responsible for
any such lapse of the contributor. All submission should be original and must be
accompanied by a declaration that it is an original work and has not been published
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 ISSN 2231-1629

CONTENTS

1. Mission: Ek Bharat Shreshth Bharat .............................................................. 01

Dr. Ajit Ashte
2. Readers And Their Habituation ....................................................................... 05
Dr. B.V. Chalukya
3. Skill Development: Micro Employment Generation In India ................... 11
Dr. Prakash Ratanlal Rodiya
4. Self Esteem and Altruism among adolescents ............................................... 15
Dr. Anuradha Harkare, Dr. Gauri Kadam
5. Changing social media over youth: A sociological study .......................... 20
Dr. Hemant Subhash Koli
6. Inter-caste Marriage and Social Difficulties .................................................. 25
Mr. Sahebrao Hiwale
7. Percy Bysshe Shelley: Voice of Protest and Revolution .............................. 31
Dr. Ajiet Ravikant Jachak
8. Women Entrepreneurship In India: Challenges And Opportunities .... 35
Dr.Trushna S. Kalambe
9. Study of Child Labour : Reference Jalgaon City ........................................... 40
Dr. Hemant S. Koli
10. Importance of Intellectual Property Rights in Indian Situation ............. 45
Mr. Keshav Lengare
11. Robin Cook's Coma - The Study ....................................................................... 55
Dr. Kuldeepsingh K. Mohadikar, Dr. Mrs. Charita B. Patil
12. Youngsters And Social Media ............................................................................ 57
Dr. Nathrao Balasaheb More
13. Challenge's that working women face in today's society .......................... 59
Dr. Malini Nair
14. "Chemical Farming: Challenges before Environment ................................ 63
and Social Health" (Special reference to Phulambri Town)
Dr. Manjusha Motiram Nalgirkar

(i)
 ISSN 2231-1629

Importance of Intellectual
Property Rights in Indian Situation
Mr. Keshav Lengare
Professor in Commerce, SCS College,
Omerga, Osmanabad(MS) India

Abstract: trade competitions. India is well known for its

intellectual skills in software engineering,
The intellectual property rights (IPR) are
missile technology, the Moon or Jupiter project
essentially intangible and grant inventor or
and other technological fields. In terms of
developer exclusive rights for their valuable
registered patents, industrial design,
invention or development. Under today's
trademarks, etc., India lags in the generation of
globalization setting, IPR is the focal point of
IPR properties. India ranked 29th among 30
global trade and livelihood activities around
countries in the IP index around the globe in a
the world. Such rights improve the creative
recent report by the US Chamber of Commerce.
environment by giving creator or inventor
It is a very worrying situation for both the
recognition and economic benefits while the lack
policy-makers and the country as a whole.Any
of awareness of IPR and its ineffective
society's growth depends directly on IPR and
enforcement may hamper the nation's
its policy frame work. Lack of awareness of IPR
economic, technological, and societal
resulted in the death of innovations, a high risk
developments. Therefore the dissemination of
of piracy, economic loss and the deterioration
IPR information and its suitable
of the country's intellectual age. Thus there is
implementation is the highest requirement for
an urgent need for the dissemination of IPR
any country. The present paper discusses
knowledge to improve indigenous research and
various IPR concepts, such as patents,
technology innovations and developments. In
trademarks, product designs, geographical
the foregoing section of this paper, an effort is
indications, copyright, etc., with their
made to highlight various situational
corresponding laws, legislation, needs and roles
intellectual property rights to India with their
directly related to the situation in India.
corresponding laws, regulations, needs and role
However, the status of India's involvement in
in society.
IPR related activities worldwide has been
briefly discussed. 1.1 Intellectual Property Rights and their
Classification:
Keywords: Intellectual property rights, WIPO,
patents, trademarks, industrial designs, layout The term Intellectual Property is linked to the
design of semiconductor integrated circuit, imagination and ingenuity attributed to the
geographic indications, copyright and related human brain. Numerous efforts are needed to
rights, etc. develop or create something new in terms of
manpower inputs, time, resources, ability,
1. Introduction:
money etc. The ultimate concept by which an
In the wake of globalization, it is necessary to innovation or development happened is an
be ahead in innovation and creativity in order intangible property of the person who has taken
to compete with the stagnant technology and pains for the invention or creation.
Consequently, according to the statute, the

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inventor or innovator is granted legal or
exclusive rights to reap the economic benefits
of their invention or production. Intellectual
Property Rights (IPR) are proprietary rights
through which proprietors may sell, lease or
license their Intellectual Property (IP) similar
to physical property. But one has to sign IPR in
some presentable or measurable form at the
legal authority to assert their benefits. Growing
form of IPR gives the author and/or developer
special rights to maintain and reap economic
benefits that further encourage skills and
societal innovations.[4]
Based on the type of invention and development
of the human mind and its uses, the intellectual
property rights are defined as follows: I patents,
(ii) trademarks, (iii) industrial designs, (iv)
layout design of an integrated semiconductor
circuit, (v) geographical source indications, (vi)
copyright and related rights (literary and
creative works, musical works, artistic works,
photographic works.
2. WIPO:
The World Intellectual Property Organization
(WIPO) was founded at Stockholm in 1967 to
protect the IPR worldwide. It later became one
of United Nations agencies in 1974. The WIPO
system functions as well as governing various
IPR-related policies internationally. WIPO's
main objective is economic, social and
sustainable cultural development with
biodiversity protection, traditional information
through a balanced and efficient international
IP framework. In addition, it is responsible for
harmonizing differences between different
countries, especially between developed and
developing nations, by amending international
regulations to ensure that each of them has
equal opportunities in the emerging world. [17]
Patent:
Patent is an intellectual property privilege given
to the inventor in respect of his novel
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technological innovation by the government
office concerned. The word innovation implies
the solution of any problem regarding product
or process development. Patents are considered
the most important among the different types
of IPR, and understandably so. Any invention
has to meet the following conditions for
patentability:
n Usefulness: invention must have
industrialapplicability or applied for practical
purpose.
n Novelty: invention must be new
technologywhich has not been published or
available inprior art of the country or elsewhere
in theworld before the date of patent filing.
n Non obviousness: Invention which can be
doneby any ordinary skilled person is obvious
andcannot be patentable. Hence invention must
notbe obvious for patentability.
As per Section 3 of the Patent Act, 1970 the
following are not patentable:
n Frivolous invention
n Invention against the natural laws
n Inventions which are not fair to health
ofhuman, animal, plant life, environment
as wellas contrary to public order or
morality
n Discovery of any living thing; discovery of
anynon living substances occurring in
nature;formulation of any abstract theory;
discoveryof any scientific principle
n Substance or chemical obtained by
mereadmixture resulting in the aggregation
of theproperties; mere arrangement or
rearrangement of known devices
n Invention relating to atomic energy and
relatedto security of India.
In the patenting process, on the one hand,
inventor is given exclusive rights that offer
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recognition as well as financial benefits, but on
the other hand, at the time of filing the patent
application, inventor must reveal all relevant
information in a concise manner to the patent
office.Anyone can see the information available
in the patent document and there is no doubt
that it gives other researchers guidance to
further innovate in the relevant area. In India
the patent registration process is regulated by
the office of the Controller General of Patent
Designs and Trademarks. This office falls under
the Ministry of Commerce and Industry,
Department of Industrial Policy and Promotion.
The steps to patent filing are as follows:
n Step Filing of Patent Application or Priority
Application
n Publication of Application
n Opposition of Patent
n Request for Examination
n Examination and Clarification
RaisedObjections, if any
n Grant of Patent
Compulsory Licenses:
The Patent Act gives inventor monopoly on
extracting financial gains for invention however,
contrary to Section 92 of the Patent Act, 1970
government may grant compulsory licenses to
third parties for non-commercial public use in
the event of a national emergency. Besides these,
if approved patent proprietors do not satisfy
society's demand through willingness or
unable to produce the patentable product or
service such as medicines, food, medical
equipment, vaccine, life-saving equipment, etc.,
the government is completely allowed to enable
someone else to produce the patentable product
by issuing compulsory licenses.In this case the
government is liable to pay the patent owner
equally justifiable economic benefits.
Patent Cooperation Treaty (PCT):
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The patents are sovereign rights; the applicant
must therefore apply the patent application
directly to the patent offices of different
countries. The profession requires huge
amounts of energy, time and money. In the same
regard, the Patent Cooperation Treaty (PCT)
concluded in 1970 offering a facility for filing a
single international patent application, rather
than filing multiple different national or
regional patent applications.Although the
award of the patent remains within the
national or regional patent authorities of
various PCT member nations, the applicant
enjoys the first filing priority date available in
all member countries, which is more than 145
in number with this single patent application.
Industrial Design:
Industrial design encompasses the creative
activity of creating an ornamental or decorative
appearance of mass produced goods or papers.
The architecture can be represented in two
of dimensional forms or in three dimensional
forms. United Kingdom's 1949 Design Act refers
to shape, form, pattern, or ornamental feature.
Broadly speaking, form, structure, pattern,
lines, colour, etc. appearance related features of
industrial products such as watches, cars,
mobiles, laptops, various home appliances,
houses, textile designs or handicrafts are
protected under industrial design.Apart from
its technical quality and other factors, the
aesthetic value or how a product appeals is the
main concern in sales. The industrial design
must be new or original and non-functional, to
be legal under most national laws. Therefore
industrial design is concerned only with
aesthetic features and the design registration
does not cover any technical features or
characteristics of the product to which it is
applied.Although the technological features
could be covered if novel by securing the
patent.8 Besides these, design that is literary
or artistic in character like cartoon, mark,
leaflet, chart, dressmaking pattern, etc. is
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protected under copyright rather than
industrial design. The definition of industrial
design privileges ranges from 10 to 25 years,
from country to country. Throughout India,
according to the Design Act, there is a 10-year
term for the safety of industrial design. This term
may be further extended to 5 years.By
encouraging more aesthetically pleasing goods
for society, an industrial design promotes
innovation and skill development among the
individual and manufacturing sectors. The
product's form and shape not only produces
visual appearance but also implicitly correlates
with ergonomics in the case of vehicle, furniture,
car, etc., and plays a major role in the comfort of
customers. Industrial design is also dealt with
by patent offices at Chennai, Mumbai, New
Delhi and Kolkata. The patent office, Kolkata,
maintains the design registry as the statutory
requirement of all of the submitted industrial
design knowledge concerned.
Trademark:
Trademarks already existed in the ancient
world. The Indian craftsmen used around 3000
years ago to engrave their signature on their
jewellery or artistic creation. With
industrialisation the trademark become key
factor in modern world of international trade.
A trade mark is a distinctive sign or logo which
denotes the particular item being manufactured
or supplied by a particular person or industry
or enterprise. Compared to a trademark, service
mark identifies service providing its rivals to
businesses. A corporation may have different
types of trademarks for its different products
which is being used to differentiate itself from
other brand or business name.
Trade mark or trade name helps businesses give
their consumers visibility, credibility and
confidence. In most cases, customers depend on
trademarks in which quick inspection of a
product or service is difficult to determine its
price. To differentiate themselves from the
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crowd, a particular segment of consumers is
very concerned about the brand and strongly
pays for prestige brands, even for similar quality.
A trademark / service mark involves terms
(name, title, geographical name, slogan, etc.),
letters and numerals, illustration, emblem, icon,
term, picture, design or a combination of those
elements to differentiate between a company
or service. Besides these, there are some other'
non-traditional' trademarks as follows: scent
or olfactory marks: the smell of fresh cut grass
for tennis balls, the smell of dart flights beer
and tire roses were licensed in the United
Kingdom. Likewise, for sewing thread and
embroidery yarn fresh floral fragrance
reminiscent of Plumeria blossoms has been
recorded in the US.
Audible sign or sound marks: the distinguished
sound marks may be registered as sound marks
in the form of a musical note. In 1950 the NBC
successfully licensed its radio broadcasting
services as a trademark for the musical notes.
The lion's roar is also a sound trademark
registered with MGM. Coloured marks: this
category includes words, devices with their
colour combination or colour as such. Likewise,
in some specific cases, few tastes and shapes
(three-dimensional signs such as the three
pointed Mercedes star) can also be registered as
non-traditional trademarks.
Important Criteria of Trademark Registration:
The three main requirements for the
registration of a trademark are as follows,
according to the UK Trademarks Act, 1994:
a) The trademark should be a sign or anything
that can convey information.
b) The sign should be capable of distinguishing
products or services of one undertaking from
that of another. This is clearly a requirement of
distinctiveness of trademarks.
c) The trademark is capable of graphical
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representation to provide precise identification
in the trademark registry.
Indian Trademarks Act:
The Indian trademarks act specifies that any
mark which is distinctive, i.e. capable of
distinguishing between goods and services of
one undertaking and capable of being
graphically depicted, may be trademarks.
Because trademarks do not grant exclusive
rights that could be abused, their validity is not
limited. Nevertheless, without time limit, the
validity of a trademark will result in excessive
number of registered trademarks without any
applicability. Throughout India, the initial
period for registration of trademarks is 10 years,
and must be extended from time to time
afterwards.The applicant may apply at Trade
Mark Registry Office, Mumbai (head office),
Delhi, Kolkata, Ahmadabad and Chennai for
registration of a trademark.
Infringement of Trademark:
Infringement happens when someone else uses
a trademark for the same or similar goods or
services which is the same or identical to a
registered trademark. In the case of fraud, in the
perception of a genuine product, fake
merchandise is passed on to the customer, so
the word "passing off" is also used for these
activities. The "passing off" product is very
harmful to trade, as it reduces legitimate
producers ' market share as well as consumers
are also deceived by getting the sub-quality
product.Upon obtaining a product of sub-
quality, without understanding the reality of
"passing off," consumers may choose some other
brand in the future with the false impression
that manufacturing produces a product of
inferior quality. The effect of imitation in trade
is often known as counterfeited product.
Collective and Certificate Marks:
Collective marks and certificate marks are used
in many countries to show that the output of
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the companies has specific standards. For
example, in the case of textile chemical
processing (dyeing and printing), a group of
companies that use herbal or eco-friendly
chemicals strictly that think of some collective
marks in addition to their individual marks.
The collective / certificate mark is just a few
examples of the ISO, hallmark, wool label etc.
Therefore, certificate marks; safeguard the
interest of the consumer by helping them choose
among the deceptive goods, the quality product.
Trade Secrets:
Every innovation or information that is not
revolutionary (not patentable) but
economically useful and offers economic
benefits can be kept as a trade secret. Besides
this novel or artistic information, when patent
registration, copyright, industrial design, etc.
is pending or in process, is often held as a trade
secret. Technological knowledge or processes
such as recettes, concepts, tools, software, blue
prints, designs, formulas, charts, architectural
plans and manuals or any commercial
information or business strategy or secret in
the form of any data collection or databases,
marketing plans, financial information,
personal records, etc. can be kept as trade
secret.This right has huge potential to
transform secret knowledge into economic
gains. Hence, most companies shield their
inventions by trade secret rather than patent.
Trade secrets serve as an opportunity for
incremental technical progress which does not
satisfy the non-evident requirements of patent
law and copy rights. It takes years of
experience, study and skill to create a trade
secret. Coca-Cola's structure for its formula is
a good example of trade secrets. Specific rules
for trade secrets exist in some jurisdictions,
such as the Unfair Competition Prevention Act
in Japan, the Uniform Trade Secrets Act in the
USA.Under ' undisclosed details, ' the TRIPS
Agreement acknowledges trade secrets but
remains silent on processes and modalities.
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According to common law, contract law etc.
Geographical Indications:
Requirements of regional or local origin to
classify products for commercial purposes are
no new phenomenon. Many agricultural
products have special characteristics which are
affected by geographical environment or soil.
'WIPO has chosen the term Geographical
Indication (GI) to include all existing means of
protecting such names and symbols, irrespective
of whether they indicate that the qualities of a
given product are due to its geographical origin
(such as appellations of origin) or merely indicate
the place of origin of the product (such as
indication of source).
The Champagne, Havana, Darjeeling tea,
Arabian horses, Alphanso Mango, Nagpur
orange, Basmati, etc. are some well-known
examples of names that are recognized
worldwide with their unique quality product
and registered as GI. Likewise, the basic qualities
of the goods are linked to human factors and
their expertise in the field of handicrafts, textiles,
etc.. Brand reputation is built up and preserved
in the best suited environment by masters or
creators of that talent which belongs to a
particular region or locality. The ability is
typically passed from one generation to the next
by particular tribe or area, with great cautions
and compromises.Known examples of
Geographical indicators for state-of - the-art
craftsmanship are the, Dhaka muslin, Venetian
glass, China silk, Mysore silk, Chanderi sari,
Kanchipuram silk saree, Kullu shawls, Solapur
chaddar, Solapur Terry Towel, Kashmiri
handicrafts etc.
In India, registration of such goods can be
performed under the Registration and
Protection of Geographical Indication of Goods
Act 1999 and the Registration and Protection of
Geographical Indication of Goods Regulations
2001. The GI Act is governed by GI's registrar,
the Controller General of Patents, Copyright and
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Trade Marks. Chennai's central government has
set up "Geographic Indication Registry" where
right holders from all Indian jurisdictions can
register their GI. Protection under these laws is
granted under GI for 10 years, and extension is
possible for another 10 years from time to time.
3. Copyrights and Related Rights:
Copyrights protect expression of idea of author,
artist and other creators which is concerned
with mass communication. It protects only
form of expression of idea, not the idea as such.
Development of any country or society depends
upon creativity of their people.Thus copyright
encourage such type of activities. The following
literary and artistic works are covered under
copyrights:
n Literary and scientific works: novels,
poems reference works, newspapers, plays,
books, pamphlet, magazine, journals, etc.
n Musical work: songs, instrument musical,
choruses, solos, bands, orchestras, etc
n Artistic works: such as painting, drawings,
sculpture, architecture, advertisements, etc.
n Photographic work: portraits, landscape,
fashion or event photography, etc
n Motion pictures: it includes the
cinematography works such as film,
drama, documentary, newsreels, theatrical
exhibition, television broadcasting,
cartoons, video tape, DVDs, etc
n Computer programes: computer
programmes, softwares and their related
databases, Maps and technical drawings
Reproductive right and the associated rights:
A closely related area is "associated rights" or
copyright rights that are identical to copyright
rights. The privileges protected by such rights
are the rights of performers (such as actors and
or musicians) in their performance;
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 ISSN 2231-1629
manufacturers of phonograms (such as
compact picture discs or sound or compositions)
recording and transmitting them in radio and
television programs.The WIPO Performance
and Phonograms Treaty (WPPT), which was
adopted in Dec 1996 and entered into force on
May 20, 2002, specifies that the concept of
performer for treaty purposes includes
performer of a folklore phrase. Someone
automatically obtains copyright after
completion of the work by virtue of creation,
hence registration of copyright is not necessary.
Nonetheless, copyright registration provides
evidence that copyright occurs in the workplace
and that author is legitimate owner.
Copyright for Computer Software:
The Indian Copyright Act, 1957, was amended
in 1994 with regard to computer software,
which came into effect from 10 May 1995. As
per this act, producing copies and transmitting
software without permission or authorization
is a criminal offence. Although this act gives
authorized users the right to at least make
backup copies of the software or any other
computer programs.
Copyright registration is done under the Indian
Copyright Act, 1957. The act was recently
revised in 2012 as The Copyright (amendment)
Act, 2012. As a rule, the author gets copy rights
immediately after creating his work without
any formality, but work can be registered as
prima facie evidence at the copyright register
maintained in the Department of Education's
copyright office.
Copyright Duration:
Copyrights for literary, dramatic, musical, and
artistic works remain in India for 60 years after
the creator's death. In the case of photography,
video, copyright term for sound recording is 60
years from the beginning of the calendar year
next year in which it is published or issued in.
In addition to these, author always obtains
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moral rights for his works.
Copyright Infringement:
Violation of copyright means making, selling
or taking financial advantage of copyrighted
work without copyright owner's consent. It is
a criminal offence and as per the act, minimum
violation penalty is imprisonment for six
months with a minimum Rs 50,000/- fine.
Plagiarism:
When someone else's work of writing is taken
without permission and said to be his own work
than it is considered plagiarism. While facts
regarded as common knowledge are not
protected by copyright law, and can therefore
be used by anyone. According to copyright, the
fair use of some other work is permitted by
paraphrasing the text or by using quotation
marks with the original author's credit giving
appropriate reference or citation.
4. Traditional Knowledge and Biodiversity IPR
in Situation:
Traditional knowledge (TK) means creativity
and practices of indigenous and local
communities embodying traditional life-styles;
expertise accumulated over many centuries of
holistic traditional scientific use of land, natural
resources, and climate. The use of turmeric,
neem, tulsi, etc. herbs as per practice in day-to-
day life is a well-known example of traditional
knowledge occurring in India. [10]
The US patent was granted for the use of
turmeric in wound healing at the University of
Mississippi; W was awarded a European patent.
R. Grace and Company for their discovery of
neem oil fungicidal effects; the agro-biotech
company, Syngenta, tried to seize the rights of
thousands of rice varieties that already existed
in India. These are all few cases of biopiracy in
which privileges in favor of a legitimate owner
of traditional knowledge have been cancelled
after wards.TK-related rights such as
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cultivation methods, plant or herbal medicinal
uses and plant varieties as well as their genetic
resources are protected under the Sui generic
means unique land or area systems, as they are
not covered or suited under standard IPR
systems. The WIPO Convention on
Biological Diversity (CBD) was convened in
1992 with a primary objective of biodiversity
conservation, the sustainable use of its
components and the equal distribution of
benefits resulting from the use of conventional
genetic resources. India being a member of this
convention passed parliamentary legislation to
protect traditional knowledge and the rights of
farmers.
Increasing support for targeted capacity
building and technical assistance:
The world's leading creative countries need to
support their case for renewed focus on IP and
innovation by providing new or higher levels
of targeted funding to help developing countries
truly committed to improving the capacity of
their economies to create, use, and manage
intellectual property. Given its work on patents,
trademarks, industrial designs, geographical
indications and copyrights, WIPO's technical
assistance portfolio is a prime vehicle for
renewed funding and activity. WIPO's
technical assistance work focuses on three main
areas of activity: regional IP policies, policy and
legislative consultation, and business solutions
for IP offices. [18]
WIPO has long-term relations with a number
of key donor countries through its Funds in
Trust (FIT) program, which offers FITs for
human capacity building projects and
technical assistance to developing countries
and countries with economies in transition.
Donors often use FITs to support services that
are applicable to specific issues, countries and
regions. Some of the leading innovation nations
in the world offer significant funds for the FIT
system of the WIPO, while others are obviously
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absent. For 2018-2019, everyone contributed
money to the FIT from Australia, China, France,
Italy, Japan, Mexico, Portugal, Korea, and Spain.
The list of FIT contributors, such as the United
States, Germany, Norway and Sweden, reveals
some notable omissions. If the US wants to be a
global leader in trade and innovation, and if it
wants others to follow in their footsteps, it is
vital that America also contributes to the
program. In 2017 the USPTO donated 63,000
Swiss francs (about $61,000 at the time). [17]
Country Amount Contributed (US $)
Japan $17,400,000
Korea $4,350,000
France $1,000,000
China $748,000
Australia $664,000
Spain $440,000
Italy $368,000
Mexico $144,000
Portugal $63,800
United States 0
Figure 1: Contributed Amount to WIPO Funds-
in-Trust Program by Countries
For example, in the Asia-Pacific region
Australia uses its FIT to build IP and innovation
systems. The fund was set up in 2012 through
the Australian government's $2 million AUD
contribution funded under the multilateral
"Help for Trade" program of Australia. In 2015,
a further $3 million AUD contribution was
made to continue advancing the Development
Agenda of the WIPO through the provision of
technical assistance.168 Meanwhile, Japan has
long used FIT to provide a range of technical
assistance and capacity building for developing
countries in the Asia-Pacific and Africa.
The leading innovation countries in the world
will review their IP-related bilateral
development programs and their approach to
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multilateral frameworks such as the WIPO FIT
to see where they can broaden their efforts.
Another part of this would be the commitment
of developed countries to a global fund to
further finance the programme. Countries may
pool their funds to conduct work on specific
topics or regions (such as donors from the FIT
get WIPO to provide technical assistance in
specific areas).Like other international
development-focused programs, donor
countries could build support into programs
and resources for aid. This effort should
certainly not be the primary responsibility of
any country, but the United States and other
developed countries have the ability to
contribute to the FIT in making a global
(previously experimental) Competitive
Research Stimulus Program (EPSCOR) a reality,
further driving science, technology research,
and IP globally.
5. Conclusion:
In a knowledge-based economy, intellectual
property rights are very important for the
sustainable development of society. The IPR is
a basic necessity to be part of local as well as
global fair exchange, since without
disseminating IPR awareness and application,
it is really impossible to create the creative
environment. Including IPR in the basic
education system and facilitating IPR
recognition by empowering innovators and
developers is important for policy makers. India
has all the resources available in terms of raw
materials, cheap labour, innovative and
dedicated creative manpower. There is no
question that by pursuing intellectual property
rights, India and other developing countries
will certainly leverage its proportionate share
of world trade.
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